Answer First
Primary Text
Sections 5, 6, 7 and 8 of Commonwealth Act No. 111, as amended, are hereby amended to read as follows:
"Section 5. The governing body of the said corporation shall consist of a National Executive Board, the members of which shall be Filipino citizens of good moral character. The Board shall be composed of the following:
"(a) One (1) charter member of the Boy Scouts of the Philippines who shall be elected by the members of the National Council at its meeting called for this purpose;
"(b) The regional chairmen of the scout regions who shall be elected by the representatives of all the local scout councils of the region during its meeting called for this purpose: Provided, That a candidate for regional chairman need not be the chairman of a local scout council;
"(c) The Secretary of Education, Culture and Sports;
"(d) The National President of the Girl Scouts of the Philippines;
"(e) One (1) senior scout, each from Luzon, Visayas and Mindanao areas, to be elected by the senior scout delegates of the local scout councils to the scout youth forums in their respective areas, in its meeting called for this purpose, to represent the boy scout membership;
"(f) Twelve (12) regular members to be elected by the members of the National Council in its meeting called for this purpose;
"(g) At least ten (10) but not more than fifteen (15) additional members from the private sector who shall be elected by the members of the National Executive Board referred to in the immediately preceding paragraphs (a), (b), (c), (d), (e) and (f) at the organizational meeting of the newly reconstituted National Executive Board which shall be held immediately after the meeting of the National Council wherein the twelve (12) regular members and the one (1) charter member were elected.
"Thereafter, the National Executive Board as herein fully constituted shall elect from among themselves the following officers of the corporation:
"(a) President;
"(b) Senior Vice-President;
"(c) One (1) Vice-President each from Luzon, Visayas and Mindanao areas; and
"(d) Such other officers as the Board may deem necessary.
"The numerical composition of the National Executive Board shall be provided for in the bylaws of the Boy Scouts of the Philippines: Provided, That said numerical composition shall be at least thirty (30) and not more than forty-five (45) for all elected, life and ex officio members.
"The term of office of the members of the National Executive Board shall be one (1) year, except for the regular members to be elected by the National Council whose term of office shall be three (3) years: Provided, That for the first twelve (12) regular members to be elected by the National Council, the term of office shall be as follows: the members garnering the first four (4) highest number of votes shall serve for a term of three (3) years; the members garnering the second four (4) highest number of votes shall serve for a term of two (2) years; and the members garnering the last four (4) number of votes shall serve for a term of one (1) year.
"Vacancies in the National Executive Board shall be filled by a majority vote of the remaining members and a member thus elected shall serve only for the unexpired term.
"The bylaws may prescribe the number of members of the National Executive Board necessary to constitute a quorum of the Board, which number shall not be less than the majority of the entire membership of the Board.
"The National Executive Board shall exercise the following powers and functions:
"(a) To make and to amend the bylaws subject to the ratification by a majority vote of the members present at a meeting of the National Council or at a special meeting called for this purpose;
"(b) To authorize and cause to be executed mortgages and liens upon the property of the corporation by a two-thirds (2/3) vote of the whole Board at a meeting called for this purpose;
"(c) To designate five (5) or more of their number to constitute an executive or governing committee, of which a majority shall constitute a quorum, through a resolution passed by a majority of the whole Board. Such Committee, to the extent provided in said resolution or in the bylaws of the corporation, shall have and exercise the powers of the National Executive Board in the management of the business affairs of the corporation, and may have the power to authorize the seal of the corporation to be affixed to all papers which may require it;
"(d) To create standing committees and appoint the chairmen and members thereof from among themselves by the affirmative vote of a majority of the whole Board. Such standing committees shall exercise such powers as may be authorized by the bylaws;
"(e) To dispose in any manner a part or the whole property of the corporation with the consent in writing and pursuant to an affirmative vote of two-thirds (2/3) of the members of the National Council; and
"(f) To hold regular meetings at least once every two (2) months at a time and place to be designated in the bylaws. Special meetings of the Board may be called upon such notice as may be prescribed in the bylaws.
"Section 6. The National Council shall be composed of the following members:
"(a) The members of the National Executive Board;
"(b) The charter members;
"(c) The regional commissioners;
"(d) The chairmen and commissioners of all local scout councils; and
"(e) Other duly accredited delegates of local scout councils as may be provided in the bylaws.
"The qualifications, terms of office, and the manner of electing the abovementioned members of the National Council shall be prescribed in the bylaws of the corporation.
"The numerical composition of the National Council shall be provided for in the bylaws of the Boy Scouts of the Philippines: Provided, That all regions and all local councils shall be duly represented therein by at least two (2) duly accredited delegates, in addition to those who are members of the National Executive Board as provided for under Section 5 of this Act.
"The annual meeting of the National Council shall be held at such time and place as shall be prescribed in the bylaws, at which meeting the annual reports of the officers and the National Executive Board shall be presented and the election of members to the National Executive Board.
"Special meetings of the National Council may be called upon such notice as may be prescribed in the bylaws. One-third (1/3) of the members of the National Council shall constitute a quorum to do business at any annual or special meeting.
"The National Council and the National Executive Board shall have the power to hold their meetings and keep the seal, books, documents, and papers of the corporation within or without the Metropolitan Manila.
"The National President of the corporation shall preside over the meetings of the National Council.
"Each local scout council represented in the annual or special meeting of the National Council shall be entitled to four (4) votes plus one (1) vote for every ten thousand (10,000) of their scout membership. The members of the National Executive Board and the life members shall each be entitled to one (1) vote.
"Section 7. The corporation created by this Act shall adopt and shall have the sole and exclusive right to use distinctive titles, emblems, descriptive or designing, marks, words and phrases, badges, uniforms and insignia for the Boy Scouts of the Philippines in carrying out its program in accordance with the purposes of this Act, and which shall be published in the Official Gazette or in any newspaper of general circulation in the Philippines.
"Section 8. Any donation or contribution which from time to time may be made to the Boy Scouts of the Philippines by the Government or any of its subdivisions, branches, offices, agencies or instrumentalities or by a foreign government or by private, entities and individuals shall be expended by the National Executive Board in pursuance of this Act.
"The corporation shall be entitled to the following tax and duty privileges:
"(a) Exemption from income tax pursuant to Section 26(e), (g) and (h) of the National Internal Revenue Code, as amended;
"(b) Exemption from donor's tax pursuant to Section 94 (a) (3) of the National Internal Revenue Code, as amended;
"(c) Full deductibility of donations from the donor's gross income for purposes of computing taxable income; and
"(d) Tax and/or duty exemption of donations from foreign countries as provided under relevant laws such as, but not limited to, Section 105 of the Tariff and Customs Code of the Philippines, as amended, Section 103 of the National Internal Revenue Code, as amended.
"Any other provisions of law to the contrary notwithstanding, there shall be no discrimination in tax treatment of the Boy and Girl Scouts of the Philippines."
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